Page:United States Statutes at Large Volume 7.djvu/597

TREATY WITH THE SENECAS. 1842. 587 "Tms INDENTURE made and concluded between Thomas Ludlow Indenture be- Ogden of the city of New York, and Joseph Fellows of Geneva, in the g"’i_E“,,L“dl°“'d county of Ontario of the one part, and the chiefs and headmen of the the §8;;;; fl; Seneca nation of Indians, on the other part at a council duly assembled dians. and held at Buffalo Creek in the State of New York on the twentieth day of May in the year one thousand eight hundred and forty-two in the presence of Samuel Hoare, the superintendent thereto authorized and appointed by and on the part of the commonwealth of Massachusetts, and of Ambrose Spencer a Commissioner thereto duly appointed and authorized on the part of the United States. " Whereas at a council held at Buffalo Creek on the fifteenth day of January in the year one thousand eight hundred and thirty eight, an indenture of that date was made and executed by and between the parties to this agreement, whereby thechiefs and headmen of the Seneca nation of Indians for the consideration of two hundred and two thousand dollars did grant, bargain, release and confirm unto the said Thomas Ludlow Ogden and Joseph Fellows,-all those four several tracts of land, situate within the State of New York, then and yet occupied by the said nation, or the people thereof; severally described in the said indenture, as the Buffalo Creek Reservation, containing by estimation forty- nine thousand nine hundred and twenty acres of land, the Cattaraugus Reservation containing by estimation twenty-one thousand six hundred and eighty acres of land, the Allegany Reservation, containing by estimation thirty thousand four hundred and sixty-nine acres of land, and the Tonnewanda Reservation containing by estimation twelve thousand eight hundred acres of land; a duplicate of which indenture was annexed to a treaty of the same date made between the United States of America and the chiefs, headmen, and warriors of the several tribes of New York Indians assembled in council; which treaty was amended and proclaimed by the President of the United States on the fourth of April one thousand eight hundred and forty, as having been duly ratified; as by the said indenture, treaty and proclamation more fully appear. "And whereas divers questions and differences having arisen between the chiefs and headmen of the Seneca nation of Indians or some of them, and the said Thomas Ludlow Ogden and Joseph Fellows in relation to the said indenture, and the rights of the parties thereto, and the provisions contained in the said indenture being still unexecuted, the said parties have mutually agreed to settle, compromise and finally terminate all such questions and differences on the terms and conditions hereinafter specified. "Now therefore it is hereby mutually declared, and agreed, by and between the said parties as follows. "ARTICLE Fmsr. The said Thomas Ludlow Ogden, and Joseph Fellows in consideration of the release and agreements hereinafter contained, on the part of the said Seneca nation do on their part consent, covenant and agree that they the said nation (the said indenture notwithstanding) shall and may continue in the occupation and enjoyment of the whole of the said two several tracts ofland, called the Cattaraugus Reservation, and the Allegany Reservation with the same right and title in all things, as they had and possessed therein immediately before the date of the said indenture, saving and reserving to the said Thomas Ludlow Ogden, and Joseph Fellows the right of pre-ernptron, and all other the right and title which they then had or held in or to the said tracts of land. "Arvr1cr..n Snoorvn. The chiefs and headmen of the Seneca nation of Indians in consideration of the foregoing, and of the agreement